Patna High Court

Dharmendra KumarversusThe State of Bihar

Decided: 15 April 2026
Disposal: DISPOSED
Bench: AJIT KUMAR

Holding

The District Magistrate must decide the petitioner’s application for an arms licence within eight weeks of this order.

Summary

The petitioner filed a writ petition seeking a direction to the State authorities to grant him a licence for a non‑prohibited bore rifle and pistol under the Arms Act. He had already submitted an application in the prescribed format to the District Magistrate of Jehanabad on 3 December 2025, but no decision had been taken. The State argued that the competent authority must adjudicate the application in accordance with law. The Court held that the District Magistrate is required to pass a final order on the licence application and directed him to do so within eight weeks, communicating the order to the petitioner. Accordingly, the writ petition was disposed.

Issues considered

Whether the District Magistrate, as the competent authority under the Arms Act, is bound to decide an application for an arms licence within a reasonable time.
Whether the High Court can issue a mandatory direction to the District Magistrate to decide the pending licence application within a specified period.

Legislation cited

Arms Act, 1959

Subjects

Arms licence
Arms Act
District Magistrate
writ petition
delay in decision
civil writ jurisdiction

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.4142 of 2026
                 ======================================================
                 Dharmendra Kumar S/o Janak Sharma, Resident of Village- Ankopur, P.O.-
                 Paibigha, P.S.- Makhdumpur, District- Jehanabad.        ... ... Petitioner/s
                                                     Versus
           1.     The State of Bihar through Director General of Police, Home Department,
                  Government of Bihar, Patna.
           2.    The District Magistrate-cum-District Arms Magistrate, Jehanabad.
           3.    The Superintendent of Police, Jehanabad.
           4.    The Sub Divisional Police Officer, Jehanabad.
           5.    The Sub Divisional Officer, Jehanabad.
           6.    The Officer-in-charge, Makdumpur, District- Jehanabad.
                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Sheo Kumar Prasad, Adv.
                 For the Respondent/s   :      Standing Counsel (15)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   15-04-2026                    Heard learned counsel for the petitioner and learned

                   AC to SC-15.

                               2. The writ application has been filed seeking a

                   direction commanding the respondents authorities to grant

                   license of NP Bore Rifle and NP Bore Pistol to the petitioner in

                   terms of provisions of Arms Act and to dispose of the

                   application filed by the petitioner which is said to be pending

                   before the Respondent No.2/The District Magistrate-cum-

                   District Arms Magistrate, Jehanabad.

                               3. Learned counsel for the petitioner submits that an

                   application in the prescribed format has already been filed

                   before the District Magistrate, Jehanabad, which is appended to

                   the writ application as Annexure-P/1. However, till date, no

                   action has been taken with regard to the grant of an arms

                   license. It is further submitted that, as per the provisions of the
             Patna High Court CWJC No.4142 of 2026(2) dt.15-04-2026
                                                         2/2




                       Arms Act, a license may be granted for ensuring the safety of

                       life and property upon an application being made. Despite the

                       application having been filed on 03.12.2025, no decision has yet

                       been taken.

                                   4. On the other hand, learned counsel for the State

                       submits that since the application has already been made in the

                       prescribed format, the competent authority is required to

                       adjudicate the same by passing an appropriate order in

                       accordance with law.

                                   5. In view of the submissions made on behalf of the

                       parties, the District Magistrate, Jehanabad, is directed to take a

                       final decision on the petitioner’s application for grant of an arms

                       license within a period of eight weeks from today. The order so

                       passed shall also be communicated to the petitioner within the

                       said period.

                                   6. With the aforesaid observations and directions, the

                       instant writ application stands disposed.



                                                                      (Ajit Kumar, J)
    perwez

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